Decree No. 68 / 1953 Coll.
Decree on the full text of the Act on Inventions and Improving Ideas
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68.
Order of the President of the Office of Inventions
of 10 July 1953
on the full text of the Act on inventions and improvements.
According to Article 23 of Decree-Law No 48 / 1953 Coll., on changes in jurisdiction and in proceedings concerning inventions, improvements, trademarks and protected designs, I declare in the annex the full text of Act No. 6 / 1952 Coll., on inventions and improvements, as is apparent from the later provisions.
Janská v. r.
Annex to Decree No. 68 / 1953 Coll.
Law
of 28 March 1952 No 6 / 1952 Coll.,
on inventions and improvements, in the version resulting from subsequent regulations.
The National Assembly of the Czechoslovak Republic decided on the following Act:
Inventions and improvements in socialist construction.
(1) Socialistic construction requires inventions and improvements in order to create new higher industrial production techniques, to continuously increase the technical, economic and organisational level and to improve the quality of products and services. Socialistic construction will only benefit from work on inventions and improvements to fit ideas.
(2) Inventions and improvements serve the construction of socialism only when they are submitted for the use of the whole.
The state accepts new inventions and ensures that improvements are accepted if they contribute to socialist construction.
The state allows inventors and enhancers to develop and apply creative skills. It ensures that creative activity is focused on solutions to the socialist construction needed. Furthermore, the State ensures that inventions and improvements are not removed from the need and benefit of the whole, that they are planned and widely disseminated with all acceleration and that they are fully exploited.
Everyone is obliged to ensure that discussions and testing of inventions and improvements are carried out without delay and that the inventions and improvements adopted are technically carried out, implemented, extended and fully used with all the acceleration.
(1) The inventors whose inventions have been accepted by the State and the improvements are due to remuneration and benefits.
(2) Remuneration shall also be granted to workers whose contribution has enabled the technical implementation, introduction, use or extension of the invention or improvement.
Inventors and enhancers shall receive free advice and assistance from the Inventions Office, as well as designated national and municipal enterprises, folk cooperatives, institutes and schools.
The revolutionary trade union movement works to develop creative activity in the field of inventions and improvements into the mass movement.
Inventions.
An application for inventions.
(1) By granting the patent on the invention, the State ensures, above all, that the invention is its work.
(2) The patent must be applied for by application of the invention.
(3) In addition to the originator, only the original heir may apply for the patent by application.
(1) If the invention was created by the collective work of several co-authors, it is for all together to declare the invention.
(2) The co-producer shall not be considered to have provided technical assistance only.
(1) The application for an invention shall be submitted in the prescribed form to the central office which is superior to the authority or undertaking whose field of work or operation relates to the invention (hereinafter referred to as the competent central office).
(2) Persons who do not reside or reside in the territory of the Czechoslovak Republic shall submit an application to the Office of Inventions.
(3) The invention shall be registered at the time when the application has reached the Central Office and, in the cases referred to in paragraph 2, at the time when the application has reached the Office of Inventions.
Since the invention has been registered, the originator or his heir has the right of priority before a subsequent applicant of the same invention.
An offer from the state.
(1) The originator or his heir may, either with an application or at any time later, offer the invention of the State.
(2) The offer of the invention of the State cannot be withdrawn.
However, an invention must be offered to the State:
(a) which the originator has done in connection with the field of his work in a scientific, research, testing, technical or other institute, in a laboratory, in a design office, in a workshop or in another workplace of a public authority or establishment, a national or community enterprise or a folk cooperative;
(b) by which the originator has fulfilled his obligation to the State or to a national or municipal undertaking or to a folk cooperative;
(c) for which State, national or municipal enterprise or folk cooperative has granted material aid.
Where the originator or his heir is obliged to offer the invention to the State, they may, on their behalf, register the invention and the offer shall be made by the institutes, establishments or undertakings referred to in Article 13 or by the authorities of the State.
(1) Where the originator or his heir is obliged to offer the invention to the State, the Office for Inventions shall decide in doubt.
(2) The legal acts concerning the invention which the originator is obliged to offer to the State shall be void if they contravene the rights conferred on the State by the acceptance of the invention.
The invention offered to the State shall be submitted to the competent central authority for examination as to whether it is fit for the purposes of socialist construction.
Acceptance of the invention shall be decided by the central competent authority within the prescribed period.
If the conditions for the proposed invention are not met, its offer shall be discussed as an application for an improvement.
The originators shall be allowed to cooperate as necessary on testing, technical implementation, introduction, development and use of inventions offered to the State. If requested, the originator is obliged to cooperate in this way and to carry out the actions and measures addressed to him so that the State can make use of the invention according to its needs.
If the invention has been accepted by the State, the State is solely entitled to use and freely dispose of the invention.
(1) The amount of remuneration for the invention accepted depends on its social importance.
(2) Rewards for inventions received are exempt to the extent laid down by the relevant tax laws; they are also excluded from execution to the extent determined by the Government by the Regulation.
(3) In addition to the right to remuneration, the originators of inventions adopted by the State under otherwise identical conditions shall have priority in occupying the posts of researchers in research and testing institutes and establishments. The priority is not the author who offered only one of his inventions to the State or who refused to offer the invention, although he was obliged to.
The competent central authority shall withdraw the acceptance of the invention, unless it is possible to use it as an improvement because it is prevented by someone else's right. However, acceptance may be withdrawn within one year only.
From the date on which the invention was offered to the State, the originator and his legal successors shall be exempt from administrative charges which are otherwise levied in patent matters. However, the exemption is waived if the offer of the invention was rejected.
Patents.
Patents shall be granted only to the originators of inventions or their heirs.
(1) Patents are granted for new inventions the object of which can be industrially manufactured or which can be used for the operation of production.
(2) Patents shall be granted only in respect of the way in which they are produced for inventions of food, medicines and chemically manufactured substances.
(1) Whether the registered invention is new shall be assessed according to previously submitted applications, published literature and all knowledge of the use of the invention obtained by the Office of Inventions.
(2) In order to assess whether the invention is new, the time of filing his application shall be decided.
The Office of Inventions shall submit a duly registered invention of the survey to ensure that it fulfils the conditions for granting the patent.
Before granting the patent, the applicant may request interim measures in the court to ensure that the registered invention is not used without his consent. In the absence of a patent, the applicant may be required to make good the damage caused by the failure to use the patent in the court of law.
Once the patent has been granted, the patent office shall register the invention, issue the patent to the applicant and notify the patent in the Collection of Inventions.
The patent is valid for 15 years from the day the invention was logged in.
(1) He to whom a patent has been granted or his successor in title (owner of the patent) may transfer the patent to someone else or give his consent to the use of the invention (licence).
(2) No one may use the invention without the consent of the patent owner.
(3) The invention is used by who manufactures its object or who, according to it, is pursuing production.
The transfer of the patent or consent to the use of the invention shall take effect by registration in the patent register.
The patent, the right to use the invention and the right from the application cannot be stopped; are also excluded from execution.
The right to use the invention may be transferred, without the consent of the patent holder, with the economic total for which it was intended to operate.
The patent does not act against those who, independently of the originator, used the invention before its registration or have already taken the necessary measures to use the invention at that time. If a national or municipal undertaking or a state authority or establishment has been a previous user- er, the State shall have the right of the previous user- er in all national and municipal enterprises and State bodies and establishments.
The State may use inventions which may be used for the purpose of defending the country without the consent of the beneficiary. If there is no agreement to replace it, it shall be decided by the Inventions Office.
(1) If there is no agreement with the creditor and the general interest so require, the patent or the right to use the invention may be expropriated. The expropriation find shall be issued by the office of invention.
(2) In danger of delay, the Office of Inventions may consent to the use of the invention before expropriation.
(3) If there is no agreement on compensation for the patent expropriated or the right to use the invention, it shall be decided by the Office for Inventions.
If the patent or the right to use the invention is abused, the inventions office may withdraw it.
The Office of Inventions may be requested to determine that it is not a breach of the patent in an application marked, where specific items are manufactured by industry or if they are carried out in a certain manner in the course of production.
An invention which cannot be used without the use of another previously claimed invention (basic invention) on which a patent has been granted shall be awarded a patent dependent. If the dependence of the patent has not been marked, the owner of the patent may apply for the basic invention.
If the basic patent is lost or cancelled, the dependent patent becomes independent.
(1) If the patent has been granted to a person other than the originator or his heir, the originator (heir) may, within one year of the grant of the patent, request that the patent be rewritten on it.
(2) The transcript is not prejudicial to the validity of the original offer of the State invention. It shall also not affect the right granted to use the invention, unless the creditor, having regard to all the circumstances, knew that the holder of the patent was not the author of the invention; the originator enters into such a legal relationship at the place of the patent holder.
(3) The provisions of paragraphs 1 and 2 shall apply mutatis mutandis if the patent has been granted only to one of the co-originators or his heirs.
The patent ceases:
1. the expiry of its period of validity;
2. if its owner gives it up;
3. withdrawal (§ 38);
4. Unless an administrative fee is paid in time.
(1) The patent shall be deleted if it is found,
1. that the invention did not comply with the conditions for granting the patent or that such invention was not granted a patent; or
2. that its owner is neither the originator nor its successor in title.
However, the patent shall not be cancelled if the patent has been transcribed to the originator (heir).
(2) The revocation of the patent has been effective since the beginning of its validity.
In a dispute over the author of the invention, the court decides.
The decisions of the Office of Inventions are final.
Improving ideas.
Competitions, businesses, offices, authorities and facilities, as well as folk cooperatives and voluntary organisations, accept improvement ideas which are new to them, if any, for any of the subordinate units and which contribute to socialist construction.
(1) If anyone applies for an improvement, it becomes an improvement if the subject is accepted.
(2) If an improvement theme has been adopted, which has been jointly applied for by several improvements, they are all considered to be improvements together.
Whoever proves that his improvement was taken away from him by an act of self-interest enters the place of the person who signed up for it.
Of the same improvement topics, the subject is preferred in the same place.
Who is in a job relationship usually signs up for an improvement in their race. Persons who are not in an employment relationship shall submit improvements to the Central Office, which shall be superior to the authority or undertaking whose field of work or operation is concerned with the improvement.
The improvement theme can also be entered orally.
(1) The adoption of an improvement plan must be decided within the prescribed time limit.
(2) If an improvement topic has been adopted, the improvement certificate shall be issued to the improvement promoter.
(1) By adopting an improvement, the improvement of the remuneration entitlement is acquired. A particularly important improvement theme can also be rewarded by an improviser who has performed his work by drawing up the subject.
(2) The amount of remuneration depends on the social importance of the subject received.
(3) Remuneration for the proposed improvements which are attributable to the improvements shall be exempt to the extent laid down in the relevant tax laws; they are also excluded from execution to the extent determined by the Government by the Regulation.
(4) In addition to the remuneration, special advantages may be granted to the improvement.
The provisions on the cooperation of the author of the invention offered to the State apply mutatis mutandis to the cooperation of the perfector for testing, technical implementation, introduction, development and use of the improvement theme (§ 19).
Disputes concerning joint improvements and the distribution of remuneration for them, as well as the improvement of topics withdrawn by a non-cooperative act, are decided by the arbitration panel (§ 65).
A complaint may be lodged in the decision rejecting the adoption of the improvement proposal or the remuneration decision.
Organs.
Office of Inventions.
(1) In matters of inventions and improvements, the Office for Inventions with headquarters in Prague, established by the Government of the Czechoslovak Republic, exercises jurisdiction under this law as the central authority of the state administration.
(2) In the exercise of its duties, the Inventions Office is working closely with the Revolutionary Trade Union Movement.
The head of the Inventions Office is its chairman, represented by the Deputy Director. The President and his Deputy Director shall be appointed and dismissed by the President of the Republic on a proposal from the Government.
The Office of Inventions publishes the Collection of Inventions in which it announces important facts about patents granted.
The Office of Inventions shall keep a patent register which shall record the relevant facts of the patents granted.
Patents for secret inventions (§ 71) are entered in a protocol separate from the patent register. The entries in this Protocol have legal effects on the entries in the patent register.
Patent choir.
cancelled.
cancelled.
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Regulation Information
| Citation | Decree No. 68 / 1953 Coll., on the full text of the Act on Inventions and Improving Ideas |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 07.08.1953 |
|---|---|
| Effective from | - |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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